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(영문) 춘천지방법원 2014.08.28 2014고단550
권리행사방해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

1. On November 20, 2012, the Defendant in breach of trust borrowed KRW 40 million from the victim CFF capital Co., Ltd. from the victim CFF capital Co., Ltd., and offered them as security. On December 13, 2012, the Defendant additionally borrowed KRW 40 million from the above victim Co., Ltd. as security, and provided three of the golf-based REAL LL LL Co., Ltd., golf-based 1, golf-based 2, and air conditioners as security for total borrowed KRW 80 million.

The defendant has a duty to keep the damaged company, which is a mortgagee, with the duty of due care of a good manager so that it can achieve the purpose of security.

Nevertheless, on June 22, 2013, the Defendant, in violation of the above duties, sold the golf-based REALR type 1 to EM speculative Holdings Co., Ltd., Ltd., as collateral security, in the purchase price of KRW 19.8 million.

Accordingly, the Defendant acquired property benefits equivalent to the above purchase price and sustained damages equivalent to the same amount as the damaged company.

2. As indicated in the preceding paragraph, the Defendant borrowed a total of KRW 80 million from the above victimized company, as indicated in the foregoing clause, and provided two golf-based REAL non-exclusives equivalent to KRW 90 million as the market value owned by the Defendant as security for transfer.

On December 19, 2013, enforcement officers E belonging to Chuncheon District Court attached two above golf-based REAL non-exclusives by the No. 2012No. 384 (No. 2012No. 384), which were delegated to execute the creditor COS Capital Co., Ltd. in the above D, and attached a public notice to the effect that the above articles are subject to seizure on the wall of the above business site, and kept them in custody with the consent of F by the creditor's agent.

Nevertheless, around February 11, 2014, the Defendant is a key part installed behind each computer, which consists of two parts of the above golf-based REAL non-exclusive.

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